Pennsylvania Drug Laws
We are going to explore two aspects of Pennsylvania drug laws and the information necessary to learn how to pass a drug test in Pennsylvania.
Learning The Basics Of Pennsylvania Drug Laws.
First, we are not attorneys and can not provide specific advice on the Pennsylvania Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Pennsylvania drug laws.
Second, for those of you who are concerned with those Pennsylvania Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Pennsylvania.
There Are Four Major Drug Tests Given In Pennsylvania.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Pennsylvania.
Pennsylvania Drug Laws For Employees.
Pennsylvania law doesn’t address drug testing, but does put limits on workplace alcohol testing. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Pennsylvania is not one of them. Pennsylvania has no law addressing drug testing in private employment.
However, Pennsylvania law does regulate an employer’s right to test for alcohol. An employer may test an applicant or employee for alcohol only if the person consents to the test or there is a reasonable suspicion that the person is under the influence of alcohol.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Pennsylvania? Even though Pennsylvania Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Pennsylvania Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Pennsylvania employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Pennsylvania Drug Laws.
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The Pennsylvania Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Pennsylvania Are For Breaking Pennsylvania Drug Laws For Marijuana, Not Federal Or Local Laws.
Pennsylvania drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Pennsylvania behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Pennsylvania using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Pennsylvania is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Pennsylvania Drug Test Laws.
- State laws – The state of Pennsylvania can be termed as a state that is ‘open’ It does not have any laws that directly address or limit How To Pass A Drug Test In the workplace.
- Who can be tested? – Because of its open policy, the state has no specific testing prerequisites that employers are required to adhere to. Employer decisions with regards to this are free of state law or court jurisdiction.
- What substances come under the category of drugs? – Since Pennsylvania has not formal laws by the state or court defining the substances that come under the category of ‘drugs’ that can be used for substance abuse, employers are free to decide on the substances that are not acceptable.
- Company policies – The laws of the state of Pennsylvania do not require an employer to have a written policy on substance abuse. However if the company is going to use substance abuse as a ground for dismissal of an employee or for the purpose of compensation then a written policy is required to be put in place.
- Notices in the workplace – No specific state laws with reference to employers and substance abusers translate into no necessary policies and therefore there is no need for written notices or postings by the employer.
- When does drug testing occur? – Since there are no specific laws with reference to employees and drug abuse, the employer has the right to call for testing at his or her own discretion.
- Where does the testing occur? – The state does not have any set rules for labs and ‘in-house’ testing. The employer may therefore either have an in-house testing facility or the employee in question may be required to go to a test center.
- Costs of testing – Unlike other states, Pennsylvania does not have a set law for this either. There is no law that specifics which party should bear the cost of the testing. Therefore this would again depend on the employer.
- Consequences of positive results – Testing positive for drug abuse could affect one’s job terribly even leading to him or her being fired. If an employee is tested positive for drug abuse or refuses to be tested, he or she can be fired on the grounds of misconduct.
- Insurance plans – Unlike most other states, Pennsylvania has an insurance plan.